Should I sue my real estate agent for unauthorized work to my home? She re-plumbed my whole house?

Question

I listed my house with a real estate agent. My house was sold and the terms of the sell involved some roofing work to be done and my house to be re-plumbed. I agreed to do the roofing repairs and If the new owners wanted to have the house re-plumbed ($4000) It could be done only after closing was complete and I no longer owned the house and paid out at closing. My house was on a lock box and my realtor gave the plumbers access to my house and they started work. The closing fell through and and the house was re-listed a week later I went to that house and giant holes in the walls and my yard destroyed to the street. I was never told work even started. My realtor never informed of anything. After fighting on the phone for 2 hours She emailed me that she will pay for the repairs only at closing and if I continue to list my house with her. In the mean time I pulled the listing because I cant show my house its horrible looking, and her staff and the title company have a compensation check for $1000 dollars for another mistake the made of having the wrong buyer listed at my closing that was just chaotic. Now I apparently don't get the compensation check unless I continue to use her as may agent. Note... the sell of my home falling through ultimately was not her fault. The Buyers loan approval fell through due to bank error and he got to keep the Ernest money. That's why the 1000 was done because my lenders and title company's mistakes not the banks...my house is cursed and my realtor is blackmailing me it feels like it. My house is a wreck and not able to be shown  and My realtor is unethical and not taking responsiblitiy. I have the docu-signed documents showning that the work was not to be done before closing. I never recieved anything from my realtor or plumber. She said she emailed me quotes but I never got them and she by some odd coincincidince couldnt find them to forward them to me...lol...She said its not her fault its the plumbers. I say she or her office is the one that contacted them and let them in before closing. She also has admitted in email that I didn't authorize the work.  Closing never happened and my realtor gave them access and never told me of the mistake. What do I DO???

Kelly in New Mexico

loanmasterone · Answer

It appears to me that your agreement with this real estate agent was that the plumbing was to be done after the closing of the transaction. this appears to be an agreement between you and your real estate agent. 

Did the buyer sign off on this agreement where the plumbing was to be taken care of after the sale transaction was completed and the $4000,00 was to be left in escrow fo the buyer to complete the re-plumbing?

Did the buyers have an FHA mortgage loan application? If a mortgage loan application was being secured by the buyer,most FHA backed mortgage loans would indicate that the property would not have major defects and would be repaired prior to closing. Most consider plumbing a major problem.

If the lender issued instructions that prior to closing the re-plumbing then your real estate agent would have to follow the instructions. There was a buyer in hand and had signed a real estate purchase contract. You had opened title and escrow.

I don't think your real estate agent would have authorized the plumbing work had there been an indication that the buyer's would not be approved for the mortgage loan they applied for.
  
In the sales agreement you signed, normally there is a clause that would indicate the buyer would have to make an application and be approved for a mortgage loan. Failure on the part of the buyer to secure a mortgage loan without fault of their own would be reason to have any earnest money returned to them.

If your real estate agent has agreed to pay for the plumbing job, why would you want to sue her, she is making an attempt to make you whole.

I can not explain the holes in the walls.

You may sue anyone you would want to include your real estate for perceived wrongs done by her. Beware that in some states in the event you are not able to succeeded with your law suit you would be liable for paying your opponents their attorney legal fees, as well as there might be a counter suit.

You might consider speaking with your real estate agent in a more calmer manner to solve this situation. Most civil individuals would be able to do this. If not the alternative would be to file a suit in small claims court. Most states would have a limit. It would appear the $4000 would be within most states limit.
 
I hope this has been of some benefit to you, good luck.

"FIGHT ON"

acermill · Answer

It is rare for me to harshly criticize an agent in this forum, but this agent deserves whatever legal action you can bring against her AND her firm.  She needs to have her license revoked for this horrible breach of professionalism.  Contact a qualified attorney immediately for further action.

Not only did this agent do EVERYTHING wrongly, but it appears that she still refuses to accept responsibility for doing so.  She NEEDS to be taught a harsh lesson, and the only way to do so is to drag her into an ugly battle in the courts.

ibu guru · Answer

This is why some states still mandate that buyer & seller be represented by an attorney for closings!  It is always smarter to have your attorney handle the closing, whether you are a buyer or seller.

Now you have to hire an attorney.  Do what your attorney says to do.

Anonymous · Answer

It sounds like you will be taking her to small claims court.

Wonderwoman · Answer

Get a lawyer and sue.

? · Answer

Yes, you do sue your agent.

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Should I sue my real estate agent for unauthorized work to my home? She re-plumbed my whole house?

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